RAKESHKUMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The criminal appeal preferred by the appellant accused Rakesh @ Jaggo Vinubhai Parmar - original accused no.1 under Sec. 374(2) of Cr.P.C. is directed against the judgment of conviction and order of sentence dtd. 13/8/2008 passed by the Additional Sessions Judge, City Court, Ahmedabad in Sessions Case No.338 of 2006, by which the appellant has been convicted under Ss. 302 and 394 of the IPC and sentenced to undergo imprisonment for life and pay fine of Rs.500.00, in default of payment of fine, to further undergo additional imprisonment of 3 months. He was also sentenced to undergo one year imprisonment for the offence under Sec. 394 of IPC and fine of Rs.500.00 and default thereof, further undergo 3 months simple imprisonment. All the sentences were ordered to run concurrently. The Trial Court acquitted remaining accused viz. Brijrajsinh Chudasma and Hasmukh Ravat. The juvenile accused Vijay was tried by the Juvenile Court.

(2.) We have heard Dr. Hardik Raval, learned counsel appearing for and on behalf of the appellant-accused and Mr. Jay Mehta, learned APP for the respondent-State.

(3.) The prosecution case based on purely on circumstantial evidence. In a case based on circumstantial evidence, the onus upon the prosecution to prove the chain of circumstances beyond all manner of doubt. The Supreme Court in Sharad Bardhichand Sharda Vs. State of Maharashtra (1984 (4) SCC 116), laid down golden principle to be followed in a case based on circumstantial evidence. Para-153 of the judgment reads as under: